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Old 08-01-2008, 04:45 PM
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Default leasing vs royalty

I have inherited land and also have some royalty in other property.
Is there a difference from leasing vs royalty. In other words can someone have a lease and the royalty be different people? Can a person ever loose the royalty in the land? and how?
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Old 08-01-2008, 11:34 PM
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When you say "royalty", do you mean mineral rights?
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Old 08-02-2008, 07:27 AM
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I have a deed that names me as a share in the royalties, if a well would come in. Dated in 1984
I also have a copy of another deed that does note say anything about the royalties this is on the same property dated in 1995. Can I loose the royalties? I never have gotten any paperwork to sign off on the royalties. I need to know if these are separate or one and the same.
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Old 08-02-2008, 06:52 PM
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Royalty and mineral rights can be owned separately. Owning the minerals give you the right to sign the lease and to the bonus money/rentals. The royalty gives you the right to a % of the profits of the well.
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Old 08-10-2008, 04:07 PM
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Royalty is what you receive for leasing your mineral rights.

Surface rights (owning the physical land) and mineral rights (owning what lays beneath the land) can be owned together or they can be separated. For example, a uncle of mine purchased a couple sections of land in the 1940's but the mineral rights were not included. He farmed the land for years and after he died, the land was passed on to his children. The children still own the land but they do not own the mineral rights.

You can lose your mineral rights, after 20 years of inactivity. I THINK that only applies when the the surface rights and mineral rights are owned by 2 different people.

You can determine who has the mineral rights by going to your county court house and researching the matter. Make sure you have the township, range, and section information.
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